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Session Laws, 1864
Volume 531, Page 198   View pdf image (33K)
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198 .

LAWS OF MARYLAND.

Power to
summon.

Sec. 8. And be it enacted, That in all cases
wherein process may be issued, to summon parties
before the Commissioner, which shall be returned
non est, no final order shall be passed in the premi-
ses until public notice shall have been first given
in some one of the newspapers published in said
county, once a week, for at least three weeks, and
no order shall be passed upon any record or paper,
alleged .to have been destroyed or injured by fire,
which shall in any wise have the effect to impair
or interfere, with the rights of third parties, not
appearing to or contesting any issue before the
said Commissioner, and any party to any issue or
examination, had before said Commissioner, shall
have the right, at any time within thirty days, of
appeal from any order passed by him to the Cir-
cuit Judge for said county, and the said Commis-
sioner shall be and is hereby required to carry
into effect the order of the said Judge in the pre-
mises.

Power to re-
new.

Sec. 9. And be it enacted, That when any docket
shall have been wholly, or partially destroyed by
fire, the said Commissioner shall cause the same
to be made up anew from the trial papers, auxili-
ary dockets, or any evidence in the office of the
Clerk of the Circuit Court for said county, which
may be accessible from the burnt remains of any
docket or papers, or otherwise, and when such
dockets shall have been made up the Commissign-
er shall certify the same under his hand and seal
to the Judge of the Circuit Court, and it shall be
the duty of the said Judge to examine such renew-
ed docket or dockets, as the case may be, and if
found lo be correct, to adopt the same as the dock-
et of the Court, and the said Judge shall signify
such adoption, by a certificate, in writing, upon
each of such dockets, and such renewed dockets,
shall be as valid and effectual in law as the origi-
nal dockets would have been, had they not been
destroyed or in any way injured by fire.

Power to re-
store.

Sec. 10. And be it enacted, That when any
cause ef action or trial paper, in any case, whether
pending or settled, at law or in equity, may have
been wholly or partially destroyed by fire, the said
Commissioner is hereby authorized to cause the
same to be restored or re-established by consent of-



 
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Session Laws, 1864
Volume 531, Page 198   View pdf image (33K)
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